Kennedy also suggests that a categorical exclusion of some types of business methods from patent eligibility might be legitimate if that rule was based on the idea that purely abstract ideas are not patentable.

The Court did not hold that any particular jury must be racially balanced in order to satisfy equal protection; the categorical exclusion from all juries was the problem.

A categorical exclusion (CE) is based on an agency's experience with a particular kind of action and its environmental effects.

"No Federal court has ever upheld a state Medicaid agency's categorical exclusion of a specific type of nonexperimental, medically necessary service within a covered category of services," the brief said.

On December 5, 2007, in Sierra Club v. Bosworth, the Ninth Circuit held that the Forest Service's promulgation of the categorical exclusion "was arbitrary and capricious".

Some, especially from southern Europe, oppose a categorical exclusion of errant priests, calling that an "Anglo-Saxon" approach.

Third, Justice Phelan concluded that there was no "tradition" for the categorical exclusion of "business methods" from patentability in Canada.

The triumph of American civil rights is that such categorical exclusions by the state or employers are now relatively rare.

But Virginia has not shown that V.M.I. was established, or has been maintained, with a view to diversifying, by its categorical exclusion of women, educational opportunities within the state.

The constitutional violation in this case is the categorical exclusion of women from an extraordinary educational opportunity afforded men.